On 28 October 2011, the Romanian Competition Council (the “Council”) published Decisions n° 51 and 52/28.10.2011 sanctioning two suppliers of prescription-only medicines - Belupo Iijekovi & kozmetica d.d. Croatia (“Belupo”) and Baxter AG Switzerland (“Baxter”) - and their distributors on the Romanian market for restricting parallel exports outside the Romanian market.
These are the first two decisions issued by the Council dealing with agreements between undertakings for restricting parallel trade caught under both article 5 (1) from the Competition Law n° 21/1996 (the “Competition Law”) and article 101 (1) of the Treaty on the Functioning of the European Union (“TFUE”).
The Council also made public that fines for similar infringements have been applied to other suppliers and its local